Dwelling - Law Dictionary Search Results
Home Dictionary Name: dwelling Page: 2Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
Flat
Flat. A set of rooms on one floor of a house usually let unfurnished in many separate flats, which for all legal purposes are separate houses. For the purposes of the Housing Act, 1936, defined as a separate and self-contained set of premises constructed for use for the purposes of a dwelling and forming part of a building from some other part of which it is divided horizontally, and 'block of flats,' a building which contains two or more flats and consists of three or more storeys exclusive of any storey which is constructed for use for purposes other than those of a dwelling. See Blackwell on the Law of Residential Flats; Woodfall, L. and T., and Forms in Appendix B. of that work.adj. without an allowance or charge for accused interest, Black's Law Dictionary, p. 652.A house in a larger block; an apartment, Black's Law Dictionary, 7th Edn., p. 652.Flat, means a separate set of premises forming part of a building being a set of premises occupied wholly or mainly as a private dwelling,...
Lodger
Lodger, a tenant, with the right of exclusive possession, of a part of a house called lodgings, the landlord, by himself or an agent, retaining general dominion over the house itself.Lodgings may be let in the same manner as lands and tenements; in general, however, they are let either by agreement in writing or verbally. An executory verbal agreement may be void by the (English) Law of Property Act, 1925, s. 40; and see Edgev Strafford, (1831) 1 C. & J. 391, as being a contract in relation to land, and a written agreement is often desirable to avoid dispute.Lodgers in rooms which have been let as a separate dwelling to them, unfurnished, may be tenants of a dwelling-house for the purpose of the (English) Rent Restrictions Acts, 1920, 1935, and if that dwelling or the house of which the rooms form parties not decontrolled, their tenancy is within those Acts (see INCREASEOF RENT). As to rent-books generally, in small houses, see (English) Housing Act, 1936, s. 4, and Part IV of that Act...
Curtilage
Curtilage [fr. Cour, Fr., court; and leagh, Sax., place], a courtyard, backside, or piece of ground lying near and belonging to a dwelling-house [see Pilbrow v. Vestry of St. Leonard, Shoreditch, (1895) 1 QB 433]; the limit of the premises in which house-breaking can be committed. See (English) Larceny Act, 1916, s. 46 (2), by which no building, though within the curtilage, is to be deemed part of a dwelling-house to constitute burglary, unless therebe a communication between such building and the dwelling-house.Curtilage, as limited to the immediate area surrounding a building, Skerritts Ltd. v. Secretary of State (CA), (2003) 3 WLR 511.Of a mansion house, an area which no conveyancer would extend beyond that occupied by the house, the stables and other outbuildings. The gardens and the rough grass up to the ha-ha, if there was one (According to Nourse LJ), Skerritts of Nottingham Ltd. v. Secretary of State (CA), (2001) QB LR 59.Curtilage, has been described as a courtyard, back-side ...
messuage
messuage [Anglo-French, probably alteration of Old French mesnage dwelling house, ultimately from Latin mansion- mansio habitation, dwelling, from manēre to remain, sojourn, dwell] : a dwelling house with the adjacent buildings and curtilage and other adjoining lands used in connection with the household ...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Artisans
Artisans, artificers. The (English) Artisans and Labourers' Dwellings Act, 1868 (31 & 32 Vict. c. 130), repealed and re-enacted with amendments by the (English) Housing of the Working Classes Act, 1890 (since extended and amended), made provision for taking down or improving dwellings occupied by working men and their families, which were unfit for human habitation, and for the building and maintenance of better dwellings for them instead. As amended in 1874, the Act applied to the Metropolis except the City, to municipal boroughs, and urban sanitary districts. See HOUSING OF THE WORKING CLASSES....
Workmen
Workmen, if a person is mainly doing supervisory work, but, incidentally or for a fraction of the time, also does some clerical work, it would have to be held that he is employed in supervisory capacity; and, conversely, if the main work done is of clerical nature, the mere fact that some supervisory duties are also carried out incidentally or as a small fraction of the work done by him will not convert his employment as a clerk into one in supervisory capacity, Ananda Bazar Patrika (P) Ltd. v. The Workmen, (1970) 3 SCC 248.Those earning their livelihood by manual labour.Workmen's Dwellings.-See HOUSING OF THE WORKING CLASSES.As to facilities for small dwellings not exceeding a rateable value of 100l. a year see (English) Settled land Act, 1925, ss. 57, 107 and 117. See LABOURERS' DWELLINGS.Workmen (Unemployed).-The Local Government Act, 1929 (19 Geo.5, c. 17), s. 12, repealed the Unemployed Workmen Act, 1905, which established distress committees, whose functions were to ascertain con...
Arson
Arson [fr. ardeo, Lat., to burn], the malicious firing of a house or other building. The law upon this subject is to be found in the (English) Malicious Damage Act, 1861, ss. 1-8. As to maliciously setting fire to ships, see ss. 42-44; to crops, etc., ss. 16-18; to coalmines, s. 26.Means, at common law, the malicious burning of someone else's dwelling house or outhouse that is either appurtenant to the dwelling house or within the curtilage, Black Law Dictionary 7th Edn., p. 106....
Shebang
A jocosely depreciative name for a dwelling or shop a primitive dwelling a shanty...
- << Prev.
- Next >>